Assured Shorthold Tenancy Ending. Landlord re-let property.

Craigyboy_2

Hello,

I’m wondering if anyone has any advice on our situation. We were meant to be buying a house, so arranged a rental apartment for 6 months, signing an assured shorthold tenancy agreement.

It comes to an end in mid January, but the letting agency contacted us via email in the first half of October to ask our plans and offered us a rent freeze if we wanted to stay. I replied to say we were just waiting on a completion date and I’d let them know in the next few weeks if that was ok, to which they agreed.

Unfortunately our house fell through over the next week and a half, so I rang them to ask our options for extending. They then said that our apartment has been re-let and we have no option to stay in it.

My partner and I are now pretty stressed as we were relying on being able to extend our lease.

I’ve also discovered that our deposit hasn’t been protected, despite the lease stating it will be and that we would receive details. Nothing has come through and when I’ve searched the link provided for the DPS, there’s no record of it.

Can the agency force us out in January or is there anything else we can do?

MaryNB

Did you actually hand in your notice to leave? If not your tenancy does not end and they were incredibly stupid to re-let it.

If you stay beyond the 6 months it automatically becomes rolling. The landlord needs to issue an S21 notice (or the NI or Scottish equivalent) to request you leave in 2 months. You are completely within your rights to stay beyond the end of the S21 notice, at which stage they have to apply to the court for an eviction notice. 

Craigyboy_2

Thank you for the response. We haven’t handed in any notice - after we knew the house had fallen through I spoke to the agent who sent the email last week and she said “we’ve probably already re-let your apartment, but I’ll let you know”.

I asked why on earth they would ask us if we wanted to stay if they were re-letting it someone else anyway and why would she agree to us coming back with an answer in a few weeks?

I had assumed they’d want two months notice (which wouldn’t be until mid November) but she said they have a waiting list and wouldn’t wait until 2 months prior to the end of a tenancy to re-let it.

I asked about formal notice and she said none is required as we’re on an assured shorthold tenancy which automatically ends in January.

We both feel pretty flabbergasted by the way we’re being treated.

MaryNB

It does not automatically end. You don't have to do anything, it automatically becomes rolling (Statutory Periodic Tenancy). The only parties that can end a tenancy are the tenants (by using a notice to quit or leaving on the last day of the fixed term) or the court (via an eviction order). The letting agent cannot end the tenancy and it doesn't end at the end of the fixed term.  The fixed term is just the initial term, it is not the entire term. The do nothing scenario is you continuing to live there under a periodic tenancy. 

When they say they've "re-let it" I presume they're either fibbing or they've lined up another tenant but haven't actually provided the prospective tenants with a new tenancy agreement. 

MaryNB

Regarding the notice period, it will be stated in your tenancy agreement for the fixed term.

If it becomes periodic and there is no reference to a periodic tenancy in your agreement, the notice period required will be one rental period (i.e. a month's notice that lines up with your tenancy dates). If the periodic tenancy is noted in your tenancy agreement it becomes a Contractual Period Tenancy and the notice required will be given in the agreement.  

Also if they try to tell you you have to renew to stay on, you don't. Let it automatically become rolling. You want flexibility if you're buying a house.

Grumpy_chap

Craigyboy_2 said:

Hello,

I’m wondering if anyone has any advice on our situation. We were meant to be buying a house, so arranged a rental apartment for 6 months, signing an assured shorthold tenancy agreement.

It comes to an end in mid January, but the letting agency contacted us via email in the first half of October to ask our plans and offered us a rent freeze if we wanted to stay. I replied to say we were just waiting on a completion date and I’d let them know in the next few weeks if that was ok, to which they agreed.

Unfortunately our house fell through over the next week and a half, so I rang them to ask our options for extending. They then said that our apartment has been re-let and we have no option to stay in it.

My partner and I are now pretty stressed as we were relying on being able to extend our lease.

I’ve also discovered that our deposit hasn’t been protected, despite the lease stating it will be and that we would receive details. Nothing has come through and when I’ve searched the link provided for the DPS, there’s no record of it.

Can the agency force us out in January or is there anything else we can do?

From a practical perspective, you need to look for somewhere else (both for the purchase and for rental).  You may find an outcome you like that just takes the issues away.

An AST does not automatically end once the fixed term has ended - one of the parties has to service notice as per the contract (which you've said is 2 months).  If the tenant just stays in the property, then it will become a rolling contract.

Has the LL served notice?
Even if they do (and the notice if fully valid), the LL would need to rely on the courts (which have a long back-log) before you can be forced out.

All that, of course, is more hassle than you'd ideally like so if you can find a way to move under your own efforts that will be much simpler.

In the mean-time, reply to the LA's e-mail to say you will stay and you thank them for the rent freeze.

theartfullodger

It's your home, your property until tenancy ended by your notice or court action.

That an agency or landlord has signed up a new tenant is all very interesting, but it does not end your tenancy nor compel you to leave.  The agent/landlord has created their own problem, NOT your problem.

Simply continue as normal, decent behaviour, keep paying the rent (make sure you have proof of any payments - eg bank records).

Sounds like agent is even more stupid that most.  In your shoes I'd change the locks (keep old ones to change back when you eventually go.  Hope purchase goes well!

Good luck & best wishes: Artful, landlord since 2000.

Craigyboy_2

This is the latest response we’ve had today and we’ve questioned this via email:

“You are on a fixed term AST – no formal notice is required for end of tenancy, the tenancy ends on the date specified on the agreement.

The properties have to be released back to the market, we can’t hold any apartment unless a relet has been agreed and a new AST signed.

 I did specify in my original correspondence that the property would be released back to the market – it then becomes a first come, first served policy as I am sure you can understand.

You guys have occupied the property since July 2021 and could have extended at any time. Unfortunately, now it has been reserved it is no longer an option. 

 We would prefer to retain the tenants we currently have but since paperwork has been signed there is nothing I can do. The property has not been let in house, it has been let by a third party agency who we work with to fill the building.”

When she says she specified “the property would be released back to the market” her email literally said “let us know if you’re staying otherwise we’ll need to release the property back to the market” which I did last week, but she’s saying it’s too late. Although it was over 2.5 months in advance of our tenancy end date. 

The last thing we wave to do is have the hassle of finding a new rental property while we’re still house hunting. We’ve already sunk a fair bit of money on fees, as the latest house was the second chain to collapse :-(

MaryNB

Craigyboy_2 said:

This is the latest response we’ve had today and we’ve questioned this via email:

“You are on a fixed term AST – no formal notice is required for end of tenancy, the tenancy ends on the date specified on the agreement.

The properties have to be released back to the market, we can’t hold any apartment unless a relet has been agreed and a new AST signed.

 I did specify in my original correspondence that the property would be released back to the market – it then becomes a first come, first served policy as I am sure you can understand.

You guys have occupied the property since July 2021 and could have extended at any time. Unfortunately, now it has been reserved it is no longer an option. 

 We would prefer to retain the tenants we currently have but since paperwork has been signed there is nothing I can do. The property has not been let in house, it has been let by a third party agency who we work with to fill the building.”

When she says she specified “the property would be released back to the market” her email literally said “let us know if you’re staying otherwise we’ll need to release the property back to the market” which I did last week, but she’s saying it’s too late. Although it was over 2.5 months in advance of our tenancy end date. 

The last thing we wave to do is have the hassle of finding a new rental property while we’re still house hunting. We’ve already sunk a fair bit of money on fees, as the latest house was the second chain to collapse :-(

All nonsense. You don't have to extend or renew the tenancy to continue living there.

From the National Residential Landlord's Association 

However, once this fixed term ends the tenant does not have to leave the property. Every tenant with an assured or assured shorthold tenancy (AST) is entitled to remain in the property on a periodic tenancy, until either they end the tenancy and leave or the landlord regains possession via a court order.

Remind her that any attempt to get you to leave without a court order constitutes an illegal eviction which is a criminal offence.


ETA: From Shelter England

Eviction

You don't have to leave just because the landlord tells you to or because your fixed term contract has ended.

The landlord must follow eviction procedures unless you agree to go. They must give you notice and then get a court order to evict you.

Grumpy_chap

Craigyboy_2 said:

This is the latest response we’ve had today and we’ve questioned this via email:

“You are on a fixed term AST – no formal notice is required for end of tenancy, the tenancy ends on the date specified on the agreement.

The properties have to be released back to the market, we can’t hold any apartment unless a relet has been agreed and a new AST signed.

 I did specify in my original correspondence that the property would be released back to the market – it then becomes a first come, first served policy as I am sure you can understand.

You guys have occupied the property since July 2021 and could have extended at any time. Unfortunately, now it has been reserved it is no longer an option. 

 We would prefer to retain the tenants we currently have but since paperwork has been signed there is nothing I can do. The property has not been let in house, it has been let by a third party agency who we work with to fill the building.”

When she says she specified “the property would be released back to the market” her email literally said “let us know if you’re staying otherwise we’ll need to release the property back to the market” which I did last week, but she’s saying it’s too late. Although it was over 2.5 months in advance of our tenancy end date. 

The last thing we wave to do is have the hassle of finding a new rental property while we’re still house hunting. We’ve already sunk a fair bit of money on fees, as the latest house was the second chain to collapse :-(

That is just the EA trying to use bluster to replace accuracy.  They'll know that, of course, but hope that you won't know.

You can stay unless there is a court order to leave.

It is also easier if you can find somewhere else and may be more pragmatic and less stress.

MaryNB

Grumpy_chap said:

Craigyboy_2 said:

This is the latest response we’ve had today and we’ve questioned this via email:

“You are on a fixed term AST – no formal notice is required for end of tenancy, the tenancy ends on the date specified on the agreement.

The properties have to be released back to the market, we can’t hold any apartment unless a relet has been agreed and a new AST signed.

 I did specify in my original correspondence that the property would be released back to the market – it then becomes a first come, first served policy as I am sure you can understand.

You guys have occupied the property since July 2021 and could have extended at any time. Unfortunately, now it has been reserved it is no longer an option. 

 We would prefer to retain the tenants we currently have but since paperwork has been signed there is nothing I can do. The property has not been let in house, it has been let by a third party agency who we work with to fill the building.”

When she says she specified “the property would be released back to the market” her email literally said “let us know if you’re staying otherwise we’ll need to release the property back to the market” which I did last week, but she’s saying it’s too late. Although it was over 2.5 months in advance of our tenancy end date. 

The last thing we wave to do is have the hassle of finding a new rental property while we’re still house hunting. We’ve already sunk a fair bit of money on fees, as the latest house was the second chain to collapse :-(

That is just the EA trying to use bluster to replace accuracy.  They'll know that, of course, but hope that you won't know.

You can stay unless there is a court order to leave.

It is also easier if you can find somewhere else and may be more pragmatic and less stress.

I disagree. Very difficult to find a standard rental for less than 6 months. Short term accommodation will be more expensive. If they end up on another 6 month AST they are liable for bills and utilities until mid July. Since they are looking to purchase a house it is better stay put and move onto a rolling tenancy.